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2018 Supreme(Chh) 430

PRITINKER DIWAKER, GAUTAM CHOURDIYA
Vijay Dewangan S/o Prahlad Dewangan – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant :Shri. D.K. Gwalre & Shri. Keshav Dewangan, Advocate
For the Respondent: Shri. Ravindra Agrawal, Govt. Adv.

JUDGMENT :

Pritinker Diwaker, J.

This appeal arises out of the judgment of conviction and order of sentence dated 15.1.2015 passed by the Additional Sessions Judge (FTC), Bilaspur in Special S.T. No.14/2013, convicting the appellant under Section 376(2)(i) of IPC read with Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”) and sentencing him to undergo imprisonment for life and pay a fine of Rs.5000/- with default stipulation.

2. As per the prosecution case, on 20.6.2013 FIR (Ex.P/2) was lodged by PW-2 Smt. Durgarani Soni, mother of the minor prosecutrix (PW-10), alleging in it that the accused/appellant is her neighbour and her daughter/prosecutrix, aged about 6 years, quite often used to go to his house for playing. On 17.6.2013 she had gone to the house of the appellant and when she did not return she (this witness) went to the house of the appellant, upon opening the door of his house she found the appellant lying on bed covering himself with a gamchha and his private part was visible. She further states that next to the appellant, the prosecutrix was also lying on bed and she brought her back to him. However, on 19.6.2013 the prosecutrix com


































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